59 resultados para Pesquisa jurídica


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This research investigates current sense effects at the use of linguistic resources of the argument in a corpus constituted by juridical pieces (Initial Petitions), that gave opportunity to actions originated from the Civil Special Court of the District of Currais Novos-RN. For this purpose it was established a relation between the Law and the Linguistics, mediated by the focus of the Argumentative Semantics, emphasizing, in a special way, the use of argumentative operators, which inserted in the own language, in its grammar, assume the orientation of the speech and the modalizers use, important mechanisms in the construction of the sense of the text and in the signalling in the way as that that one say is said,. This way, we began the investigation of that gender choosing as study object the section of the facts , that comprehends a part of Initial Petition where is explanted the narration of events that gave margin to the proposal for the Action. In face of the study object and the aim to be reached it was appealed, methodologically, to the notion of Rhetoric since from the classic antiquity to the emergence of the New present Rhetoric in Perelman and Olbrechts-Tyteca (2005) that, at the present time, is inserted in the studies of the Pragmatic connected to the central theses of the Ducrot s thinking (1977, 1980, 1987). Such referential allowed us to a better understanding about the production of the juridical speech on the part of the operators of the Law, as well as, to analyze in way wide the current sense effects from the use of argument linguistic marks the juridical speech. The data showed that such marks are indispensable elements to the construction of the textual web, particularly when in the range of the juridical argumentation, since they direct the speech for certain conclusions. However, we have observed that in the texts produced by the lawyers the use of those linguistic resources not always takes place in an appropriate way. The texts analyzed have also showed that it is possible to unmask, through the linguistic resources, the argumentative strategy employed by the authors for convincing of the magistrate, making evident that language is more than a system of signs, which it makes possible to see beyond the limit of the words and statements. Finally, we have verified that the categories analyzed, when used appropriately, are elements that engender argumentative maneuvers of effectiveness in the juridical text, being fundamental pieces which give argumentative strength the text, making the speech to move forward, not only the juridical, but the speech produced in any domain of the knowledge

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This paper investigates the cognitive processes that operate in understanding narratives in this case, the novel Macunaíma, by Mário de Andrade. Our work belongs to the field of Embodied-based Cognitive Linguistics and, due to its interdisciplinary nature, it dialogues with theoretical and methodological frameworks of Psycholinguistics, Cognitive Psychology and Neurosciences. Therefore, we adopt an exploratory research design, recall and cloze tests, adapted, with postgraduation students, all native speakers of Brazilian Portuguese. The choice of Macunaíma as the novel and initial motivation for this proposal is due to the fact it is a fantastic narrative, which consists of events, circumstances and characters that are clearly distant types from what is experienced in everyday life. Thus, the novel provides adequate data to investigate the configuration of meaning, within an understanding-based model. We, therefore, seek, to answer questions that are still, generally, scarcely explored in the field of Cognitive Linguistics, such as to what extent is the activation of mental models (schemas and frames) related to the process of understanding narratives? How are we able to build sense even when words or phrases are not part of our linguistic repertoire? Why do we get emotionally involved when reading a text, even though it is fiction? To answer them, we assume the theoretical stance that meaning is not in the text, it is constructed through language, conceived as a result of the integration between the biological (which results in creating abstract imagery schemes) and the sociocultural (resulting in creating frames) apparatus. In this sense, perception, cognitive processing, reception and transmission of the information described are directly related to how language comprehension occurs. We believe that the results found in our study may contribute to the cognitive studies of language and to the development of language learning and teaching methodologies

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This investigation aims at describing, analyzing and interpreting the Commitment in Initial Petitions, which is a genre circumscribed in the judicial domain. For this purpose, we have chosen sections, facts as found and relevant law , sections of the petition, with the understanding that, in this way, respectively, the narration of events, which gives margin to the propositioning to the judicial action, and the exposition of the law that upholds the author s intention. We base our discussion on the field of Linguistics, more precisely, Textual Discourse Analysis (TDA), whose theoretical basis is derived from Textual Linguistics (TL) and Enunciative Linguistics. We foreground, particularly, the way in which the author of texts, objects of analysis, use discursive strategies that evidence ER. The relevance of this study, then, is in the formation of a critique of the judicial text, as it conceives of a dialogical approach to the point of view, raising not only questions about the way in which a linguistic instance conceives an object of discourse, but also considering questions of language inherent to technical writing and, in this aspect, contributing to the work of those operating in Law about the many ways ER is formed in the body of a petition. We selected two categories to analyze that, according to Adam (2011), characterize the degree of ER in the textual material of the propositional enunciations: the different types of representation of speech and the indications of profile of mediators. In this sense, with this task as an objective, we base our study regarding point of view on Rabatel (2003, 2009a, 2010) with relation to the enunciative approach, including the study of PDV in polyphonic and dialogical theoretical framework to study the ER from different types of speech representations that conceive forms of transmission of discourse and the role of the enunciating subject, mainly the responsibility and the prerogative by the propositional contents. In the same way, intending to study the indications of the mediator profiles, we observed the postulations of Guentchéva (1994, 1996), which develop the notion of mediative grammatical categories, of which permit the linguistic marking of distance and engagement of the enunciator with regard to the information expressed. The methodology we adopted was based on qualitative research, of an interpretive and introspective nature, in light of the fact that his study focuses on processes and strategies underlying language use. The corpus of the research is comprised of Initial Petitions, which gave rise to actions originating in the Civil Court of Currais Novos County RN. The data analysis shows that an object of discourse is always perspective oriented and presents the point of view of one or more enunciators. Consequently, the producer of a text, using the PDV of other enunciators, influences and establishes the argumentative orientation of the text. In the same way, it evidences the relevance of the use of mediated constructions in the judicial text, as they function as strategies attenuated to the responsibility of the producer of the text with what is said, and at the same time points to a discourse of authority through the entrance of the sources of law. Moreover, it reveals the documental and international importance of this practice, at the same time that it exposes the compositional and normative difficulties with regard to legal and linguistic aspects

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The dental documentation or handbook is a collection of documents produced by the professional with diagnostic and therapeutical purpose where the inherent information to the buccal and general health of patients are registered. The register and proper filling of these documents, taking care of the ethical and legal requirements, provide to the dentist the possibility to contribute with justice in cases of human identification and makes of these documents an essential element of evidence in the ethical processes, administrative, civil and criminal against the dentists. Ahead of this fact, understanding such requirements and the importance of the dentist to register himself adequately, this research verified the knowledge of Natal (RN) City s dentists with relation to the elaboration of the dental handbook, investigating the concepts and the importance attributed to the handbook, identifying the documents more used and filed by these professionals, besides inquiring the legal value of filed documents and the filling time of these ones. The sample was constituted by 124 dentists, who had answered a questionnaire, after having been randomly selected ITom a list of professionals subscribed in the Dentistry Local Council/RN Section. The analysis of the results showed that majority of the participant citÍzens (52,3%) confers to the dental documentation the clinical importance, followed by the legal and forensic-dentistry importance; 59,3% of the searched professionals do not distinguish satisfactorily or they do not observe differences between the dental handbook and the clinical filing card, the X-rays, the dental certificates, the prescriptions, the directions and the receipts; between the documents of common use to clínical and specialist ones, the contract of rendering of services and term of ITee and cleared up consent are the documents less used by the professionals. It was still verified, that only 13,1% of the sample register the signature of the patients in the clinical filing card, making it more credibility to be presented in judgement. In the same way, copies of dental certificates and prescriptions evaluated and signed by the patients are filed respectively by only 13,5% and 9,4% ofthe searched professionals and 50% ofthe sample, keep these documents filed for an indeterminate period of time, that is, these professionals have the guard of the handbook and they do not intend to disdain it, although 85,5% of the sample does not recognize the real proprietor of the handbook. It is concluded that a great part of the dentists is unaware about the importance of the dental documentation, and neglect its elaboration, leaving themselves exposed to several kinds of penalties foreseen in the legislation

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Criticism done to the undergraduate training process of the psychologist in Brazil raised debates known as "dilemmas of training". In recent years the classic training model, based on the Minimum Curriculum has undergone a series of changes after the National Curriculum Guidelines (DCN), modifying the context of courses. Thus, this paper aimed to investigate, in a post- DCN context how undergraduate courses in Psychology in Brazil have been dealing with the dilemmas of training. So, we decided to analyze the Course Pedagogical Projects (CPPs) of Psychology in the country. Forty CPPs, selected by region, academic organization and legal status were collected. The data was grouped into three blocks of discussions: theoretical, philosophical and pedagogical foundations; curriculum emphases and disciplines; and professional practices. The results were grouped into four sets of dilemmas: a) ethical and political; b) theoreticalepistemological; c) professional practice of the psychologist and d) academic-scientific. Courses claim a socially committed, generalist, pluralistic training, focusing on research, non-dissociation of teaching-research-extension, interdisciplinary training and defending a vision of man and of critical and reflective and non-individualistic psychology. The curriculum keeps the almost exclusive teaching of the classical areas of traditional fields of applied Psychology. Training is content based. The clinic is hegemonic, both in theory and in application fields. The historical debate is scarce and themes linked to the Brazilian reality are missing, despite having social policies present in the curricula. Currently, DCNs have a much greater impact on courses due to the influence of the control agencies, fruit of current educational policy, and the result is felt in the homogenization of curriculum discourses

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The present paper proposes an analysis about the Brazilian Psychiatric Reform as a public policy and deriving from a research developed with the workers of a Psychosocial Attention Centre III (CAPS III) and the managers of the Psychosocial Attention Web (REAP) in Aracaju. This analysis is developed as an investigation of the discharge at those services, understood not as a procedure, but as a dispositive from which different elements can be articulated: users, knowledge, technical procedures, police measures, juridical decisions, laws, services edifying. This, form the background of the articulation between mental alienation and the subject of right alienation, in the ways through which this articulation develops to the relations between madness,citizenship, internment and substitutive practices. Our investigation about the discharge as a dispositive was built with some narrative constructions, as a discourse analysis inspired by Michel Foucault s method, from the perspective of some of the main dispositive operators: workers and managers. The main aspect observed were: the articulations built by the discharge as a dispositive based on two discursive grate, the Reform as a new treatment substituting internship, and the Reform as juridical insertion and users rights practice; the exercise of these discursive grades based on the workers and managers perspective; the transference of limitations and contradictions of these grades to the competence of the dispositive operators, emerged in an outstanding way, as sometimes those operators are liable for the emergent limitations and difficulties, and some other times they are restrained by their institutional role, which is to maintain the domination relations articulated by the dispositive; finally, some aspects extracted which the dispositive operators - when they were expected to act in a way to maintain certain power relations - were capable to resist, managing other power relations from the dispositive, that we call, as Agamben, dispositive profanity

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The study consists in an analysis of researches with tourism issues, in Master s and Doctoral level, investigating their epistemological trends, regarding the type of study that is being produced and the methods used. It is characterized as exploratory, documental and bibliographical, having undertaken a cross-sectional study which covers the period from 2007 to 2011. It analyzes the context of academically production in tourism, the nature of these researches, the methodological aspects adopted in these theses and dissertations, the philosophical inclinations and the coherence and contribution of the same. This research uses, the Digital Library of Theses and Dissertations (BDTD) and the secretariats of the Academic Centers of the Federal University of Rio Grande do Norte (UFRN) as means to collect data. It employs the technique of sampling by judgment and undertakes the research in various Academic Centers in UFRN, using the method of content analysis. It shows that, from the 643 studies analyzed, 43 of them have themes related to tourism, which characterized this study sample. This study realizes that PPGA is the largest producer of researches on tourism issues, ahead of PPGTur, which ranks the third position, in this aspect. Also realizes that all surveys analyzed are crosssectional and the theme further investigated, with 21% of the sample, is related to the marketing aspects of tourism, with the theme Directors of Hotels and Restaurants (DHR) . This research demonstrates that all sample surveys make use of interviews, and these are, mostly, structured. Also realizes that most of these studies, with 21% of the sample, employ the method of content analysis. The references in Portuguese are surveyed about five times more than the ones in other languages. It estimates that more than half of the sample is characterized as positivist, associated with aspects of functionalism. A minority of 21% of these researches seeks to identify and recommend solutions to the tourism issues, or even represent part of them. This research concludes that the studies in tourism are mostly unifocal, being driven by issues related to the touristic trade. PPGTur produces a number still unrepresentative of studies. The theses and dissertations of the sample are limited and/or unable to analyze the changes of the phenomenon caused by the time. The studies from the sample present criteria and make use of other methods and techniques to associate with the interviews and content analysis to obtain more solid and reliable data and results. They use a low number of references in languages other than Portuguese. Most of these studies, characterized as positivist-functionalist, investigate the functioning, planning, coordination and expectations in organizations, leaving aside other issues, also relevant for tourism. The number of studies aimed at identifying solutions to the problems of tourism, or that even represents part of them, is not expressive

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This study analyzed the perception of ethics on the part of students of Post-graduation in Tourism, to develop their academic research. It is characterized as exploratory-descriptive, being considered quantitative with some elements analyzed qualitatively. Data were collected through an electronic questionnaire, originated in google docs and sent via e-mail to 54 students in three graduate programs in Tourism: The Tourism Master of the Federal University of Rio Grande do Norte (UFRN), the Master in Tourism and Hospitality of the University of Vale do Itajai (UNIVALI) and Master of Tourism at the University of Caxias do Sul (UCS), resulting in 22 responses. The study presents a profile of the dissertation research of post-graduate students, their perception about research ethics, as well as the difficulties encountered in the research process. Notes that research of dissertation are geared mostly for the historical and cultural aspects of tourism and the choice of topics for the essays came in first place, due to the influence of the guiding lines of research and, secondly, due to social relevance. The methods used in post-graduate research are descriptive, the literature and exploratory. It also notes that most students graduate in tourism (81%) attaches great importance to ethics in carrying out their dissertation research, students claim that ethics brings credibility and seriousness to research. Furthermore, it was realized that they have no knowledge about the practice of misconduct by researchers in the field of Tourism. Demonstrate that the major ethical challenge encountered by students is in relationship with the research subject, what happens during data collection. It also notes that none of the respondents sent any project to be evaluated by an Ethics Committee (CEP), moreover, most do not know the resolution 196/96, which has the main guidelines on research ethics at national level. Concludes that the students post-graduate in tourism have little knowledge about the standards and guidelines on research ethics. They demonstrate ignore the benefits of research ethics in regarding the protection and preservation of the participant, as well as the benefits it generates for society

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Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

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The World Trade Organization (WTO) was established in 1994 as a result of the Uruguay Round, and has as its principal aim advocate for the maintenance of free trade between nations. The preamble of its Constitutive Agreement specifically cites as an institution the goal of achieving sustainable development and the pursuit of protecting and preserving the environment, bringing into the sphere of world trade the idea that concern for the environmental cause is not restricted only the group of environmentalists, but rather has entered the economic landscape in a way not only ideological, but also pragmatic. The General Agreement on Tariffs and Trade (GATT) 1947, part of the GATT 1994, contains a device that allows the adoption of trade restrictive measures, provided that such measures aimed at protecting the environment - Article XX. The Settlement Body (DSB) is part of the WTO and acts in dissolving disputes between the countries motivated by trade. It examines two cases where countries have imposed restrictive trade measures with environmental justification. The first case was closed in 1996, with award of damages given to Brazil, on the breakdown of U.S. environmental legislation imposed on imported gasoline from Brazil - and the second, begun in 2005 and closed in 2007, coming out victorious again Brazil is on the import ban on retreaded tires to Brazil. The objective is to answer the question: how the environment is treated in the midst of trade discussions - which is aimed at its protection or its use with economic objectives in disguise? For the preparation of this work, extensive documentary research was undertaken with the virtual site of the WTO to review the entire production of legal cases and subsequent analysis of the key issue for the work, and literature of authors who have studied the tense relationship between trade international environment. The first case, it could be seen that the political movement performed by the U.S. with the aim of achieving acceptable standards of air quality was an institutional effort to ensure the quality of air, and thus would be inappropriate to say that the regulation of gasoline was merely a disguised trade barrier.However, a careful analysis of the implementation and operation of gasoline regulation may reveal intentions disguised trade and U.S. environmental argument did not hold. The weight of this environment was relegated, since there were clearly outside interests to the environmental cause. The second case, it was realized that, despite clear attempts by the EC to promote ecological dumping, send when brought to Brazil, supposedly a country with weaker environmental structure on surveillance, a residue that, pursuant to internal policies, as could not be sent to their own landfills, the Brazilian discourse remained focused on the environmental cause, and this sort there was the existence of disguised trade barriers, but of importance, at least a priori, the discussion of foreign forces on the environment environment because there is no way to legally justify the reversal of the total understanding of the first judging body, the sight of all the arguments presented by Brazil and the nonsubmission of new facts upon appeal. Still, quite heartening to reflect on the role of trade liberalization on the environment in general, because, while they do not reach a definitive conclusion will reveal positions in both directions, both for and against, the that only adds to the discussions and makes this a very fertile topic for future research

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Discutem-se as mudanças constatadas no ensino da Histologia, como a tecnologia tem sido empregada nos contextos de aprendizagem, os aspectos pedagógicos inerentes à utilização de recursos, tais como atlas digitais e microscópios virtuais, e apresenta-se pesquisa sobre o desenvolvimento de um ambiente virtual de ensino-aprendizagem de Histologia, que contou com a participação de alunos e professores em sua construção. Verificou-se que os ambientes virtuais e outros recursos didáticos baseados nas Tecnologias da Informação e da Comunicação (TICs) procuram atender à atual tendência de complementar a educação presencial com ferramentas de educação a distância, que podem ser utilizadas facultativamente no estudo extraclasse continuado. Concluiu-se que, embora as novas tecnologias possam contribuir para o ensino de Histologia, os materiais didáticos baseados em TICs devem se adequar às expectativas docentes e discentes e aos aspectos pedagógicos e ergonômicos, e precisam ser adotados pelos professores não como ferramentas isoladas, mas integrados às estratégias de ensino- -aprendizagem

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This study is developed in setting in which the Federal Constitution of 1988 completed 22 years of validity, as well as in general elections (national and state) in country. From this perspective, there are multiple reflections, especially on the constitutional mechanisms of popular sovereignty consolidation, the integrity and legitimacy of elections and democracy itself. It has appeared timely, therefore, to examine the development of ensured instrument of these precepts. Thus, it is approached as an object of research to Action of Impugnation to the Elective Mandate- AIEM, under Art.14, § 10 and § 11 of the Constitution of 1988, considering its constitutional and electoral reasons. It is then aimed to review the second AIEM conceptions of scale, systematic interpretation, preservation of constitutional rights and its effectiveness. Specifically, it is analyzed the Action as to the forms of power that relate to this. then it is examined the democracy principal aspects related to the issue. Without being followed, it is the democratic situation in which it is operated. They are also examined the political rights, especially regarding restraint applied to ineligibility and the possibility of integrating the effects of an impugnatory origin. Following, it has been discussed the formation of an early panorama, consisting of constitutional principles applied to electoral constituencies and eminently procedural principles and, according to which subsidizes the operations of such Action. After that, addressing the Election Law, including its concept, its sources, the Electoral Court and its peculiarities and functions. It is also considered the elective office as to its definition, characteristics and ways of accessing and extinguishing it. Afterwards, the Action of Impugnation is studied from its historical evolution of laws, legal, concept and goals. Expanding on the theme, it s highlighted about their chances of traditional appropriateness (economic power abuse, corruption and fraud) and modern (abuse of economic power intertwined with political) business, including the suggestion of suitability in case of abuse of unique political power. It was also identified the injurious potential demand affecting these illicit to enable the Action. Subsequently, other relevant aspects were explored, such as the legitimacy ad causam, competence, secrecy, procedure, recklessness, bad faith, the purpose of the merits and manageable resources. In the end, it is demonstrated an evolution of AIEM, however, still insufficient to reach full intentions that rise it. It is proposed therefore to re-read the action from news perspectives, based on constitutional and electoral precepts, as well as wider interpretation of the appropriateness of their assumptions of suitability and effects, according to a systematic interpretation, all aimed at the preservation of constitutional rights and their own effectiveness

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O trabalho busca, por meio de uma compreensão do atual sistema de ensino do Direito, visualizando sua trajetória histórica, bem como a conjuntura contemporânea de fatores sociais, econômicos e jurídicos dos cursos de graduação, sem deixar de tomar em consideração os objetivos de seus discentes e sua caracterização, definir como tem se dado o ensino do Direito e suas consequências, fazendo uso da pesquisa bibliográfica específica e da experiência vivenciada pela autora junto à docência na Universidade Federal do Rio Grande do Norte e no Centro Universitário de Brasília, de forma que concebeuse, por fim, deficiências capazes de minimizar, inviabilizar e impactar negativamente o papel e a postura sociais que os profissionais de Direito deveriam desempenhar em decorrência de suas funções, de valor social reconhecidamente acentuado

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Considering that tourism tends to reproduce itself privatizing the areas where it installs, the secondary residence has been an urban element responsible for the private appropriation of the public spaces of coastal of Nísia Floresta. The private appropriation of these accesses, for secondary residences, constitute in an issue-problem of the research. The principal goal is to analyze the relationship of the consumers/users of secondary residences with the public space; and, specifically, identify how the government has been acting and manifesting itself about the occupation of the coastal of Nísia Floresta; as also to verify how the secondary residence has been appropriating privately of the public access of the coastal. On account of the scarce literature about secondary residences and the importance of the public access to beaches for the inhabitant, the present work aims to contribute to the discussion of this theme. The secondary residences in Rio Grande do Norte began in the late nineteenth century, becoming more common in the 90s, when the coast south of Natal is appropriated from local vacationers. In 2000, foreign investment began to be applied in real state and tourism, producing closed developments, served in leisure infrastructure, trade, and hospitality, mainly to external demands. The methodology included a bibliographic survey, data collection and in lócus observation. Applied questionnaires and interviews were performed with consumers/users of the secondary residences, permanent residents and government, respectively. To the legal grounding, taken as a reference the article. 10, of the law 7.661/88 to establish that the beaches are goods of common use . Considering the conclusive analysis of the research, can be said that the right of free access and use of the beach is committed for the benefit of the consumers/users of secondary residences, due to the negligence and omission of the government